MINUTES OF PUBLIC HEARING
INDUSTRIAL WELFARE COMMISSION
December 15, 1999
The Industrial Welfare Commission (IWC) held the fourth in a series of public meetings
and hearings with
in regard to AB 60. The Minimum Wage was
also on the agenda as well. The IWC accepted testimony on issues pertaining to AB 60 and
on Minimum Wage in accordance with Labor Code Sec. 1173. The hearing was held on December
15, 1999, at the Ronald Reagan State Office Building Auditorium, 300 S. Spring Street, Los
Angeles, commencing at 10:00 am. A transcript of the hearing has been prepared and is
available for review.
Chairperson Chuck Center opened the public hearing at 10:10 am. Commissioners Barry Broad, Leslee Coleman, Bill Dombrowski and John McCarthy were present. The IWCs staff, including, Principal Analyst Michael Moreno and Analyst Christine Morse, as well as the IWCs legal counsel, Deputy Attorney General Marguerite C. Stricklin, were also present.
Chairperson Center explained that the purpose of the hearing was to gather information with respect to the above issues. He then outlined the procedures for speaking and submitting written comment.
Commissioner Broad moved to do the following: "¼on Page 2, after, No person -- under Section 3, Administrative, Executive, and Professional Employees, in the second sentence of that paragraph, it says, No person shall be considered to be employed in an administrative, executive, or professional capacity unless the person is primarily engaged in the duties which meet the test of the exemption and earns a monthly salary equivalent to no proposed language of no less than two times the state minimum wage for full-time employment. Add the following: Labor Code Section 515(a) mandates that the Commission conduct a review of the duties which meet the test of the exemption, and that any hearing conducted pursuant to that subsection be conducted no later than July 1, 2000." Commissioner Coleman seconded this motion, which passed unanimously.
Commissioner Dombrowski moved to adopt the draft of the wage order that was provided at the hearing later in the day, as opposed to the first one that had been provided. He emphasized that this was a draft to work from. Commissioner Broad seconded the motion, which passed unanimously.
Commissioner McCarthy moved to have one of the first items of business in the next meeting be the consideration of an exemption on professional grounds for midwives. Commissioner Coleman seconded the motion, which passed unanimously.
The following individuals presented testimony:
1. Art Pulaski, California Labor Federation, AFL-CIO
2. Maria Marin
3. Orlando Barragan, Californians for Justice
4. Larisa Casillas, Children Now
5. Rev. Dave OConnell, Church Pastor, Archdiocese of Los Angeles
6. Dan Galpern, California Budget Project
7. Josefina Campos
8. Maximo Garcia
9. Jan Breidenbach, Southern California Association of Non-Profit Housing
10. Ruth Todasco, Wages for Housework Campaign
11. Jung Hee Lee, Korean Immigrant Workers Association
12. Judith Eckert, United Domestic Workers
13. Carol Lyles, Home Care Worker, Los Angeles County
14. Wally Knox, California State Assembly Member
15. Jon Ross, California Restaurant Association
16. Ted Burke, Restaurateur, Shadowbrook Restaurant, Santa Cruz
17. Jamie Alba, Restaurateur
18. Julianne Broyles, California Chamber of Commerce
19. Horace Heidt, Sherman Oaks Chamber of Commerce, Apartment Building Owner
20. Sandra Frolich, Sherman Oaks Chamber of Commerce
21. James Abrams, California Hotel and Motel Association
Chairperson Center recessed the public hearing from 12:30 pm. to 1:20 pm. After the recess, the following persons also presented testimony:
22. Marcy Saunders, State Labor Commissioner
23. Terence Street, Roebbelen Contracting
24. John Hakel, Associated General Contractors of California
25. James Martens, Transportation Management Systems
26. Paul Gladfelty, California Mining Association
27. Charles Birenbaum Attorney, California Mining Association
28. Kim Witt, Viceroy Gold Corporation
29. Ken Sulzer, Attorney, California Independent Petroleum Association, Association of Energy Service Companies, Independent Oil Producers Agency
30. Rod Eson, Venoco
31. Dave Lefler, Western Drilling, Inc.
32. Scott Wetch, State Building and Construction Trades Council of California, AFL-CIO
33. Richard Holober, California Labor Federation, AFL-CIO
34. Matt McKinnon, California Conference of Machinists
35. Patricia Gates, Attorney, Northern California District Council of Laborers
36. Jim Shadwick, Time Clock Sales and Service
37. Dr. B.J. Snell, California Nurse-Midwives Association
38. Ruth Mielke, Certified Nurse-midwife
39. Susan Bogar, Certified Nurse-midwife
40. Pauline Glatleider, Certified Nurse-midwife
41. Cynthia Everett, Registered Nurse
42. Jill Furillo, California Nurses Association
43. Nancy Marchutz, Certified Nurse-midwife
44. Betsy Jenkins,
c Certified n Nurse-midwife
45. Charlet Rogers, Registered Nurse
46. Richard Simmons, Attorney, California Healthcare Association
47. Katherine Connolly, Registered Nurse
48. Charles Long, Edison Pipeline and Terminal Company
49. Paul Lussi, Edison Pipeline and Terminal Company
50. Matt Bartosiak, Employers Group
51. Karla Wilson, Advanced Practiced Nurse
52. Pamela Melton, PARCA
53. Michael Murrey, Staples
54. Richard Holober, California Labor Federation, AFL-CIO
55. Sonia Moseley, United Nurses Association of California
56. Ethel Rowe, SEIU Local 399
57. Mary McCulley, Nurse Practitioner
58. Francine Alba, Sherman Oaks Chamber of Commerce
59. Donna Nowicki, Nurse Practitioner
60. Jane Downs, Along Came Mary! Productions
61. Hermie Montani, Saputo Chees USA, Inc.
62. Bob Hay, Poly-Tainer, Inc.
63. Gabriella Lopez, Poly-Tainer, Inc.
64. James Davis, Attorney
65. Ginny Pinkerton, California Association for Health Services at Home
66. Joseph Diaz, California Nursing Home Association
67. Monica Vera-Schubert, Pharmacist
68. Annette Flaster, Pharmacist
69. Morrie Goldstein, Guild for Professional Pharmacists
After the IWC determined no one present wished to give further testimony, it was agreed by common consent to adjourn the public hearing at 6:00 p.m. Commissioner Dombrowski moved to adjourn. Commissioner Broad seconded the motion, which passed unanimously.
Andrew R. Baron